Assist ms y to draft particulars of claim to a regional magistrate court, where she claims both general and specific damages. in your answer, provide your own times, places, values and other details of the claims.


Question: Assist ms y to draft particulars of claim to a regional magistrate court, where she claims both general and specific damages. in your answer, provide your own times, places, values and other details of the claims.

PARTICULARS OF CLAIM

Plaintiff: Ms Y

Defendant: Mr X

Claim: Damages

Court: Regional Magistrate Court

Case Number: RM/001/2023

1. Introduction

On 23 October 2023, at approximately 10:00 AM, the Plaintiff was walking along Cross Street in Johannesburg when she was knocked down by the Defendant's motor vehicle. The Defendant was driving negligently and failed to yield the right of way to the Plaintiff.

2. General Damages

As a result of the collision, the Plaintiff sustained serious injuries. She suffered a broken leg, a concussion, and several cuts and bruises. She was taken to hospital by ambulance, where she was treated for her injuries. She remained in hospital for two days.

The Plaintiff's injuries have caused her a great deal of pain and suffering. She has also experienced significant emotional distress. She has been unable to work since the accident and has incurred substantial medical expenses.

The Plaintiff claims general damages for pain and suffering, emotional distress, and loss of income.

3. Specific Damages

In addition to general damages, the Plaintiff also claims specific damages for the following:

  • Medical expenses: R100,000
  • Loss of income: R50,000
  • Damage to clothing: R1,000
  • Transport costs: R2,000

Total Claim: R153,000

4. Prayer

The Plaintiff prays for the following relief:

  • Judgment against the Defendant for the sum of R153,000;
  • Interest on the sum of R153,000 at the prescribed rate from the date of judgment;
  • Costs of suit; and
  • Further and/or alternative relief.

DATED at Johannesburg on this 25th day of October 2023.

Signed:

[Attorney for the Plaintiff]

NOTE: This is just a sample particulars of claim. You should consult with an attorney to ensure that your particulars of claim are tailored to your specific circumstances.

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